Vermont Statutes Annotated

Vt. Stat. Ann. tit. 33, § 5268 (2026)

Notice; violation hearing

✓ current as of May 2026

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Subchapter 004 : PROBATION

(Cite as: 33 V.S.A. § 5268)

§ 5268. Notice; violation hearing

(a) The court shall not find a juvenile in violation of the juvenile’s probation without a hearing, which shall be held promptly in the court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the hearing shall take place at the earliest possible time. Prior to the hearing, the juvenile and the adult who signed the probation certificate shall receive a written notice of the hearing at his or her last known address stating that the juvenile has allegedly violated one or more conditions of probation and which condition or conditions have been violated. At the hearing, the juvenile shall have:

(1) the right to legal counsel if requested by the juvenile probationer or the adult who signed the probation certificate to be assigned by the court in the same manner as in criminal cases;

(2) the right to disclosure of evidence against the juvenile;

(3) the opportunity to appear and to present evidence on the juvenile’s behalf; and

(4) the opportunity to question witnesses against the juvenile.

(b) The State’s Attorney having jurisdiction or the Commissioner shall establish the alleged violation by a preponderance of the evidence if the juvenile probationer contests the allegation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 619, eff. July 1, 2022.)

Notes of Decisions

Cited in 2 cases, 2018–2018 · leading case: State v. Jasen Suhr, 2018 VT 49 (Vt. 2018).

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State v. Jasen Suhr, 2018 VT 49 (Vt. 2018). “We first address defendant’s arguments that the court erred in finding violations of probation.”

State v. J.S., 189 A.3d 552 (Vt. 2018). “Violations of Probation ¶ 4. We first address defendant's arguments that the court erred in finding violations of probation.”

— Vt. Stat. Ann. tit. 33, § 5268(b) — 2 cases

State v. Jasen Suhr, 2018 VT 49 (Vt. 2018). “We first address defendant’s arguments that the court erred in finding violations of probation.”

State v. J.S., 189 A.3d 552 (Vt. 2018). “Violations of Probation ¶ 4. We first address defendant's arguments that the court erred in finding violations of probation.”

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